The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009

Sexual Offences Act 2003

52.—(1) In section 133(1) of the Sexual Offences Act 2003(1) (interpretation of Part 2)—

(a) the definition of “the period of conditional discharge” shall have effect, in relation to a person in respect of whom an order for conditional discharge was made before commencement, without the amendment made by paragraph 209(2)(b) of Schedule 16 to AFA 2006; and

(b) the definition of “service detention” is to be taken to include detention awarded under section 71(1)(e) of AA 1955 or AFA 1955 or section 43(1)(e) of NDA 1957.

(2) In section 137 of the Sexual Offences Act 2003 (service courts)—

(a) in subsection (1)(d) —

(i) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence; and

(ii) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence;

(b) in subsection (2), so far as that subsection applies for the purposes of section 92 of the Sexual Offences Act 2003, the reference to a service court includes a court-martial and a Standing Civilian Court; and

(c) in subsection (3) the reference to a service court, so far as it applies for the purposes of paragraphs (b) and (c) of that subsection, includes a court-martial and a Standing Civilian Court.

(3) In paragraph 93A of Schedule 3 to the Sexual Offences Act 2003 (sexual offences for purposes of Part 2)—

(a) in sub-paragraph (1)—

(i) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence of which the offender is convicted under AFA 2006; and

(ii) the reference to the corresponding offence under the law of England and Wales includes the corresponding civil offence; and

(b) in sub-paragraph (2) the reference to an offence under section 42 of AFA 2006 includes an SDA civil offence of which the offender is convicted under AFA 2006.

(1)

2003 c. 42.